KING Vs. ALFRED DCRUZ

JUDGEMENT

(1.) IN this case, the three accused persons - Alfreed D'Cruz, Shiral D'Cruz and one Lakhi Dasi - hare been charged under Section 363 and 366, Penal Code. The two charges relate respectively to abduction and kidnapping from lawful guardianship of a girl called Teresa Gomes.

(2.) THE jury were empanelled on the 8th and after the opening of learned counsel for the prosecution, Dr. Kabir Hossain, Professor of Medical Jurisprudence, Medical College, Calcutta, and one Dr. A. K. Chakravarty, radiologist, Calcutta Police Hospital, were examined. The evidence of these witnesses was concerned with the age of the girl in July this year. The next and the third witness for the prosecution was the girl said to have been abducted and kidnapped, that is, Teresa Gomes.

(3.) AT the conclusion of the last named witness's evidence I asked the gentlemen of the jury if they had any questions to put to the witness, whereupon the foreman of the jury, instead of putting any question, expressed the view that the story told by the said witness was untrue. This expression of opinion in open Court at an early stage of the trial is, in my opinion, calculated to cause a miscarriage of justice.